When a loved one passes away, the legal and financial responsibilities that follow can feel overwhelming. One of the most common questions families ask is: “Do we need probate?” The answer? “Probate is not always needed”. Below, we’ll explain what probate is, when it’s required, and — crucially — when you can avoid it.
What is probate?
Probate is the legal process of administering a deceased person’s estate — settling debts, paying taxes, and distributing assets according to their will (or the rules of intestacy, if there’s no will).
In England and Wales, probate is usually granted in the form of a Grant of Probate (when there is a will) or a Grant of Letters of Administration (when there isn’t).
Without probate, financial institutions often won’t release the deceased’s assets, such as bank funds or property — but there are key exceptions.
When probate is not needed
Probate is not always required, and there are several common situations where families can avoid the process entirely.
1. Jointly Owned Assets (Right of Survivorship)
If the deceased held assets jointly — especially a home owned as joint tenants or a joint bank account — the asset typically passes automatically to the surviving co-owner. No probate is needed to transfer ownership.
For example:
If a husband and wife own their home as joint tenants (which is extremely common), it passes automatically to the surviving spouse without probate. However, if property is held as tenants in common (much less typical, although there are exceptions), probate is required to transfer the deceased’s share.
2. Small Estates
In the UK, if the total value of the estate is relatively low, banks and financial institutions may be willing to release funds without probate. There is no official national threshold unfortunately, but most banks have their own internal limits — typically between £5,000 and £50,000. This depends on the individual institution’s policy.
For example:
If the deceased had £18,000 in a bank account and no other assets, the bank may release it upon seeing a death certificate and a signed indemnity form. Always check with each bank or financial provider — some may require probate for smaller sums, others may not.
3. Nominated or Designated Assets
Some assets pass outside of the estate, meaning they do not require probate to be dealt with. Examples include:
- Life insurance policies written in trust
- Pensions with a named beneficiary
These are not considered part of the estate for probate purposes, and can usually be claimed directly by the beneficiary.
When probate is usually required
While some estates can be administered without probate, it is usually needed when:
- The deceased owned a property in their sole name
- There are significant bank/investment accounts in their sole name
- The estate includes shares or business interests
- Financial institutions refuse to release funds without it
Unsure if you need probate?
If you’re not sure whether or not probate is necessary in your situation, it’s always best to get professional advice. At Chiltern Wills, we guide families with compassion and clarity through every step of the probate and estate planning process. Whether you’re administering a loved one’s estate or planning for your own, we’re here to make it easier.
Get in touch
Need help with probate or have questions about a will or estate? Contact Chiltern Wills today for a free, no-obligation consultation. We are based in Buckinghamshire and we help families across England & Wales
